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OPINION

Court of Appeals Should Halt Anti-GOP Prosecutions

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
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AP Photo/Julia Nikhinson

Liberal county prosecutors in heavily Democrat Fulton County, Georgia, are terrorizing a U.S. Senator, Lindsey Graham (R-SC), and the former U.S. Attorney and Time Man of the Year, Rudy Giuliani. The ultimate target of this politicized investigation is, of course, Donald Trump.

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We are within 90 days of the midterm elections, when Department of Justice policy prohibits this kind of political mischief by prosecutors. Last week unhinged county prosecutors tracked down another Trump attorney, Jenna Ellis who resides in Colorado, and are forcing her to testify as they try to get at Trump.

To liberals, criticizing election fraud is a crime, and the heavily Democrat grand jury will recommend any indictments requested. Every Republican connected with Donald Trump who criticized the last election is at risk of being indicted by such Democrats, in violation of their constitutional right to speak out.

For a year-and-a-half no evidence of any crimes by these Republicans has surfaced, but as the midterm elections approach liberals rush for indictments. Last week the news was that Rudy Giuliani, Mr. Law and Order himself, is a target of the investigation.

The goal of this weaponized prosecution is two-fold. First, Democrats want something to swing the polls in order to hold onto their bare majority in the U.S. House, and second, Democrats want to make sure that no one dares question their fraud-prone elections ever again.

Billionaire Leftist George Soros, who has invested heavily in supporting radical prosecutors nationwide, must be giggling with delight. He may have found a way to turn the country blue with baseless prosecutions generating a stream of scandalous headlines against Republicans.

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Sen. Graham was doing his job when he made inquiries about the reported unusual election results in Georgia in 2020, where signatures were never verified on hundreds of thousands of mail-in ballots. It is a constitutional right for all Americans to question and criticize elections, yet some liberals want to turn that into some kind of crime.

Sen. Graham should not have to answer intrusive questions under oath from a political opponent in a dusty county courtroom in Georgia, about legitimate inquiries he made concerning the election results more than a year-and-a-half ago. For liberals to spawn national biased headlines by making this an issue on the eve of the midterm elections is doubly wrong.

Sen. Graham appealed to the U.S. Court of Appeals for the Eleventh Circuit to defend his senatorial privilege under the Speech and Debate Clause. Incredibly, that court is allowing the circus in Fulton County to continue, although it temporarily delayed the process until the scope of questioning is narrowed.

Republicans should not have to answer questions by a partisan Democrat prosecutor about why and how they questioned a reported election result. No Republican is accused of fabricating votes, so there is no crime to be asked questions about.

The chilling of the First Amendment right to criticize election fraud is what Democrats want. Only a federal appellate court might stop their interference with the midterm elections.

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Fulton County is overwhelmingly Democrat and it is impossible for a Republican to obtain a fair grand jury or trial there. The Georgia legislature recognized last year the likelihood of fraud in that county, and its election reform bill permits state intervention in county elections.

A retired federal judge is serving as the state election board chairman, and he said at its first board meeting that “accountability and knowing that there are people watching the processes and making sure that they are trustworthy ... that’s what we want and what the citizens want.” But that cannot happen if any Republican who criticizes the process gets harassed before a Democrat grand jury.

A Georgia state court judge shut down an attempt by the partisan prosecutor to haul a state legislator before the grand jury for hostile questioning under oath, after the revelation that the prosecutor hosted a fundraiser for his opponent. The court order prohibits the county prosecutor, Fani Willis, from publicly claiming that the legislator is a subject of the grand jury’s investigation.

After the Eleventh Circuit paused the attempt to question Sen. Graham, the Obama-appointed district judge gave him until only 9 a.m. on Wednesday to file a motion to explain how he wants the court to limit the scope of questioning. But no U.S. Senator should be subjected to any questioning by a county prosecutor of the opposing party on the eve of an election, or be put at risk of a politically motivated indictment.

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The Supreme Court did not defer to a partisan recount of the 2000 presidential election in Florida, and unhinged Democrats in Georgia deserve no deference now. Their partisan attempt to interfere with the midterm elections should be stopped immediately by federal courts.

John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.

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